Uncle convicted for 28 lewd acts on a child

A Costa Mesa man convicted of molesting his nieces and nephew after their father died faces up to 45 years to life in prison when he is sentenced Oct. 12.

A jury found Gilberto Garibay, 44, guilty Tuesday of 28 counts of committing lewd acts on a child, and one misdemeanor count of child annoyance with enhancements for lewd acts with multiple children as well as substantial sexual conduct with a child, the Orange County District Attorney's office said.

Garibay is not eligible for probation. He was held on $1 million bail leading up to his conviction, Deputy District Attorney Heather Brown said.

Garibay was convicted of molesting the children between Oct. 7, 2001 and March 1, 2004, during which time the children ranged from 7 to 12 years old, Brown said.

Farrah Emami, a spokeswoman for the Orange County District Attorney's office, said Garibay molested the children following the death of their father, when the three nieces, one nephew and their mother moved into Garibay's Costa Mesa home.

Brown said Garibay sneaked into the bathroom while the children were bathing and touch their genitals.

The children disclosed information about the molestations after they had been removed from Garibay's home and were living in foster care.

They were removed from the home for reasons unrelated to the molestation, and they will not be returned to the home, Brown said.

Garibay's wife, son and two daughters were also living in the home when the molestations occurred, though there is no evidence Garibay's own children were molested, Emami said.